Tips for Selecting a Mediator

The first decision is whether you want to work with a mediator or an arbitrator. Think carefully about the situation and what you want a dispute resolution professional ("neutral") to do.

	Location of the dispute resolution professional - There may be multiple sessions. Can you, the other party(ies) or the mediator travel? Is the practitioner's office convenient?
	Subject area experience - If your dispute is in a particular area such as divorce, child custody, business or environmental issues, you are likely to want to choose someone with experience in similar types of issues. Some people believe it is important that the mediator know something about the subject matter of the dispute. Others believe that subject matter expertise is not of primary importance except in specialized areas like environmental, domestic, or highly technical types of disputes. Other people believe that it is not important that the mediator know the subject matter area of the dispute as long as the mediator is well trained in the process of mediation and has experience as a mediator. You should determine how important subject matter knowledge is and may want to discuss this question with prospective mediators.
	Education or professional experience background that adds another dimension to the dispute resolution process. For example, training as an engineer, small business owner, car mechanic, house inspector, non-profit manager, lawyer, etc. Also consider experience in similar processes (court-connected, neighborhood disputes, etc).
	A particular style/approach (how a neutral manages the process) may better suit you and/or the situation. See the description of several mediation approaches.)
	ADR Training and credentials - Take a look at the types of training the practitioner has completed. The Voluntary Maryland Standards do not suggest specific levels of experience of training, except for those in court-connected or other forms of mandated dispute resolution. (Understanding training and credentials.)
	Trust your instincts - Do you feel comfortable with the "neutral" person? This is your overall assessment. Was the person willing to speak with you, answer your questions, and give you the information you requested? Do you feel the person will be impartial and fair? Are you satisfied the person has the skills and style you want? If not, look for someone else.
	References or reputation for competency, neutrality and/or ability create an effective dispute resolution process.
	Experience with similar situations of the type and complexity of your situation. This may be particularly relevant to businesses using mediation.

You may also want to consider:
	Would a team approach work best? (Many mediators work with co-mediators.)
	Cultural differences - for example, urban/rural or generational culture or professional affiliations, etc.
	Practical logistics - language, fees, disability access, if needed. Most mediators charge a set fee per hour. Some only charge for the time they are actually mediating while others charge for preparation time and travel. Many will request payment for a certain number of hours of mediation before the mediation begins or full payment at the time of mediation.

Steps to Take

#1. Identify likely sources for finding practitioners.

• Searching this Directory
• Locating a Mediator
• Professional Associations with Member Directories

#2. Review the prospective practitioners' credentials (using the relevant selection criteria).

#3. Contact one, possibly two, or more practitioners and discuss what you are looking for and what the practitioner can provide. (Prepare a list of questions or information you would like to gather. Decide how you and the other side in the dispute will handle this.)

#4. Evaluate how well the person meets your needs. Did the person...

• ask good questions?
• put you at ease?
• describe an approach that you think will work?
• answer your questions?
• appear to have the relevant experience and training?

Source: Maryland Legal Assistance Network and the Center for Dispute Resolution at the University of Maryland

Last review date: 9/27/02 (MLAN/AC)

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